GUJARAT HIGH COURT: REFUSED TO INTERFERE FOR ORDER FOR DEPORTATION OF PAKISTAN NATIONAL; ARTICLE 19(1)(E) NOT AVAILABLE TO FOREIGNERS

The Gujarat High Court in the case Akhil Valibhai Piplodwala (Lokhandwala) v/s District Superintendent Of Police, Panchamahal At Godhra observed and has recently dismissed the writ petition filled by a Pakistan citizen, challenging the decision of the Superintendent of Police which directed him to leave India within 24 hours of receipt of the notice.

The bench comprising of Justice AS Supehia observed and also reiterated that the petitioner is a Pakistan citizen and as per the law enunciated by the Apex Court and the petitioner cannot invoke Articles 14 and 19 of the Constitution of India. However, the petitioner has no right to enter and remain within the territories of India. As per the order dated 14.07.2022 passed by the respondent authorities, he is bound to the act.

It was claimed by the petitioner that he was born and brought up in India and was married to an Indian citizen and thus entitled to citizenship under Section 5(1)(c) of the Indian Citizenship Act. The decision of authorities was challenged by him on the ground that it violated the principles of natural justice.

In the present case, it was contested by the ASG that the Petitioner has been living in India for almost 40 years without legal permission and authority. Earlier, it was submitted that in a civil suit filled by the petitioner was partly decreed and respondent authorities were restrained from deporting the petitioner till the decision of the Central Government as stated under Section 9 of the Citizenship Act. Thus, the order was set aside by the appellant court. The petitioner challenged the said judgement and nothing is produced on record showing that the same is challenged before any higher forum. It was argued by him that the instant petition was not maintainable under Article 14 and 19 of the Constitution.

The High Court observed that the Petitioner had filed an application for claiming citizenship only on 16.07.2022.

However, the court noted that the present writ petition challenging the impugned order of Police Superintendent itself is misconceived since the impugned order is premised on the order passed in the abovementioned proceedings of the appellant, that were not challenged by the Petitioner.

The court held that unquestionably, the petitioner has not challenged the aforesaid order by filing an appeal and since the impugned order dated 14.07.2022 is premised on the said order dated 12.07.2022 passed in the Regular Civil Appeal and the petitioner cannot contend that he has right to be heard before passing the order since such right would get diluted in view of the order passed by the Court of Principal District Judge, Panchmahals at Godhara.

Adding to it, the Petitioner is indubitably a Pakistan citizen and as per the law enunciated by the Apex Court and he invoke Articles 14 and 19 of the Constitution of India. Thus, the petitioner has no right to enter and remain within the territories of India. The petitioner is bound to the act as per the order passed by the respondent authorities.

Accordingly, the court dismissed the plea.

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